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Total Articles: 23

Vermont Passes Law Aimed at Sexual Harassment Prevention

Vermont’s “An act relating to the prevention of sexual harassment” makes numerous changes to state law related to sexual harassment. The act provides expansive protections for both current and prospective employees and creates new restrictions and obligations for employers. The changes go into effect on July 1, 2018.

What Vermont’s Legalization of Recreational Marijuana Means for Employers

Vermont’s recreational marijuana law, which goes into effect on July 1, 2018, lifts penalties for individuals possessing limited amounts of marijuana. However, the new law does not require employers to tolerate marijuana possession or use in the workplace. Further, employers may continue to test for marijuana, though any adverse employment actions must be considered carefully for the risk of disability discrimination claims.

Vermont Attorney General Publishes Guide to Marijuana in the Workplace

Vermont’s recreational marijuana law will take effect on July 1, 2018. (Click here for our previous blog summarizing this law and its impact on employers). On June 14, 2018, the Vermont Office of the Attorney General published the Guide to Vermont’s Laws on Marijuana in the Workplace. The Guide provides employers with an overview of the changes to Vermont’s marijuana laws, and summarizes existing employment laws relating to drug testing in the workplace.

Vermont Adds Crime Victims to Its List of Protected Classes with New Law

The categories of individuals protected under Vermont’s anti-discrimination statute (21 V.S.A. §495) has been expanded to include crime victims.

Vermont Requires Gender-Neutral Bathrooms

A new Vermont law will result in more gender-free restrooms. Beginning July 1, 2018, single-user restrooms in public buildings or places of public accommodation must be available for use by persons of any gender.

Share The Patchwork of States Prohibiting Salary History Inquiries Grows to Include Vermont and Likely Connecticut

Vermont and likely Connecticut will soon join California, Delaware, Massachusetts, Oregon, and Puerto Rico (along with various cities and counties) in prohibiting salary history inquiries.

Vermont Enacts Salary History Inquiry Law

On May 11, 2018, Vermont Governor Phil Scott signed legislation restricting employers from making salary history inquiries. The new law, H. 294, effective July 1, 2018, prohibits asking a prospective, current, or former employee about or seeking information regarding his or her compensation history. For these purposes, compensation includes base compensation, bonuses, benefits, fringe benefits, and equity-based compensation. Under the new law, employers are also prohibited from requiring that a prospective employee’s current or past compensation satisfy minimum or maximum criteria for employment. If an employer discovers a prospective employee’s salary history, the employer may not determine whether to interview the prospective employee based on this information.

Vermont Bans Inquiries into Job Applicants’ Salary and Benefit History

Beginning July 1, 2018, employers in Vermont will be prohibited from requiring a prospective employee to disclose his or her salary and benefit history under legislation (H.B. 294) signed by Governor Phil Scott on May 11, 2018.

Vermont Joins Salary History Inquiry Ban Trend

Vermont has become the latest state to enact a salary history question ban as Governor Phil Scott signed a law on Friday to prohibit employers from asking such questions. The measure aims to reduce the wage gap between men and women for performing the same or similar work.

Vermont Legalizes Recreational Marijuana

Vermont has become the ninth state to legalize recreational marijuana with Governor Phil Scott signing a law this week. Notably, this marks the first recreational marijuana law to be enacted by a state legislature instead of a ballot initiative.

Vermont’s Governor Signs Recreational Marijuana Law

Vermont’s Governor Phil Scott signed a recreational marijuana law on January 22, 2018. The law is the first recreational marijuana law to be enacted by a state legislature without a ballot initiative. It will take effect on July 1, 2018.

Reminder: Vermont ‘Ban the Box’

The law prohibits an employer from requesting “criminal history record information,” including arrests, convictions, or sentences, on the initial employment application form, unless the individual is applying for a position for which state or federal law creates a mandatory or presumptive disqualification for employment, based on convictions for certain offenses, or the employer is subject to an obligation imposed by state or federal law not to employ an individual convicted of certain offenses.

Vermont’s Crackdown on Drug Testing Underscores the Importance of Compliant, State-Specific Drug Testing Policies for Multistate Employers

My unabashed love affair with the state of Vermont has been around for quite a while. Maple syrup, Phish, innovative ice cream, beautiful scenery, and a statewide ban on interstate billboards—what’s not to love? Another interesting feature about the Green Mountain State: Vermont prides itself on being extraordinarily restrictive on employers that wish to drug test their employees.

Vermont Passes “Ban the Box” Legislation

On May 3, 2016, Vermont Governor Peter Shumlin signed into law a “ban the box” statute, which will take effect on July 1, 2017. The law will prohibit covered employers from inquiring about information pertaining to an individual’s criminal history record on an initial employment application. The law does, however, allow an employer to inquire about an applicant’s criminal history record (i) during a job interview or (ii) once the applicant has been deemed otherwise qualified for the position.

Vermont Joins the Ranks of Cities and States that "Ban the Box"

On May 3, 2016, Vermont Governor Peter Shumlin signed a bill into law that prohibits most employers from requesting criminal history information on an employment application. The law adds a new section to the state statutory provisions on “unlawful employment practices.” Vermont’s new law continues the nationwide “ban-the-box” trend and follows closely on the heels of similar legislation enacted in other jurisdictions, including Austin, Texas, Portland, Oregon, and New York City.1

Vermont Becomes 8th State to Ban the Box for Private Employers

Vermont has become the 8th state to pass a law banning private employers from including a criminal history box on job applications. Governor Peter Shumlin signed the measure on May 3, just one week after President Barack Obama directed federal agencies to adopt ban the box hiring practices.

Vermont Governor Signs Ban the Box Legislation; Connecticut Governor Expected to Sign Such Law

Vermont Governor Peter Shumlin has made the Green Mountain State the most recent state in the nation to implement statewide “ban the box” legislation. Connecticut may soon follow, once Governor Dannel Malloy has sign legislation passed by the state legislature on May 4, 2016.

Vermont Becomes the Fifth State to Pass Paid Sick Leave Legislation

On March 9, 2016, Vermont Governor Peter Shumlin signed House Bill 187 into law, making Vermont the third state in New England and the fifth state in the United States – after California, Connecticut, Massachusetts, and Oregon – to enact a state-wide paid sick leave law. Beginning on January 1, 2017, Vermont employers must allow employees to accrue and use at least 24 hours (or three days) of earned sick time in a 12-month period. Beginning January 1, 2019, employers must allow employees to accrue and use at least 40 hours (or five days) of earned sick time in a 12-month period.

Vermont Becomes Fifth State to Require Paid Sick Leave

On March 9, 2016, Vermont Governor Peter Shumlin signed into law a measure that will make Vermont the fifth state to require employers to provide paid sick leave. Vermont’s new sick leave law bears similarities to some other states’ paid sick leave laws, but has its own unique features. Here are the key aspects of the Vermont law:

Vermont’s Health Plan Reporting Law Impermissibly Impacts National Plan Administration and Falls to ERISA Preemption, Supreme Court Holds

If you were to ask most employers whether reporting is a core function of employee benefit plan administration, they would likely say yes, particularly as many are currently in the middle of completing IRS Forms 1094-C and 1095-C. On top of the numerous reporting requirements for group health plans imposed by IRS and other federal agencies, a number of states, including Vermont, have enacted laws that add a layer of state reporting obligations for plans, including self-funded group health plans. In what is clearly welcome news for employers and plan sponsors, this added state law burden has been lessened by yesterday’s Supreme Court decision in Gobeille v. Liberty Mutual Ins. Co., No. 14-181.

Vermont Passes Paid Sick Leave Legislation

Vermont's legislature has passed a paid sick leave law (H.B. 187), which is now on Governor Peter Shumlin's desk for signature. In a joint statement with Senate President Pro Tem John Campbell and House Speaker Shap Smith, Governor Shumlin applauded the legislation, stating that "We're proud that Vermont will become the fifth state to guarantee this important protection to its citizens."

Vermont Governor to Sign Paid Sick Leave Bill

Vermont is close to becoming the fifth state, after Connecticut, California, Massachusetts, and Oregon, to mandate that employers provide their employees sick leave benefits.

U.S. Department of Labor and Vermont Department of Labor Sign Agreement to Prevent Misclassification of Workers

The United States Department of Labor has signed a three-year Memorandum of Understanding (MOU) with the Vermont Department of Labor that is designed to protect employees’ rights by preventing their misclassification as independent contractors or other non-employee statuses. According to the agreement, the agencies are attempting to more effectively and efficiently communicate and cooperate on areas of common interest, including sharing training materials and information, providing employers and employees with compliance assistance information, and conducting coordinated investigations. The goal of the agreement is to protect wages, retirement income, equal employment opportunity, and to ensure a level playing field for law-abiding businesses and proper compliance with applicable tax laws.
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